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Right to stay at home as i am a girl child


16-Oct-2024 (In Property Law)
I am 32 year old unmarried girl, living with my parents. I don't want to get married. And my mother asked to leave the house. But i want to stay with my dad and brother in this same house as they don't have any objection. So I want to know, is there any law available on which basis I can live with my family?
Answers (2)

Answer #1
630 votes
In your situation, since you are an unmarried adult living with your family, you do have certain rights under Indian law. There is no specific law that directly addresses the situation where a parent asks an adult child to leave the house, but there are some general principles that may apply. First, if the house is owned by your father or jointly owned by both parents, your father can allow you to stay since it is his property, and he has the right to decide who lives in the house. As long as your father and brother do not have any objection, you are free to stay in the house. Second, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents have the right to claim maintenance from their children, but there is no provision under this law that gives parents the right to evict an adult child unless the house is exclusively in their name and they have a legal claim to it. If there is any family dispute regarding ownership or rights over the house, it would be a civil matter, and the courts would take into consideration the legal ownership of the property. But as long as your father supports you staying, your mother cannot legally force you to leave on her own. In summary, as long as your father has no objection and is the legal owner or co-owner of the house, you have the right to stay there. You might also want to consult a family lawyer if the situation escalates or if there is any legal complication related to property rights.
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Answer #2
883 votes
Well, if the Property is on your Mother's name, then, you may have to evict home, if she does not want you to live with her and other family members. In such a case, you can file a Petition in High Court to reside in Property until you purchase your own Home as Gratituous Licencee
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